US EPA Revokes Snur Guidance, Issued In January 2021

Significant New Use Rules (Snur) draft guidance was released on 10 December 2020 to help businesses understand and comply with a TSCA Snur. This is the guidance that defines what qualifies as ‘surface coating’ under the rule and the entities subject to the rule’s requirements. So far, no substantive change has been made to the guidance. 

However, alongside the new reporting rule proposed by EPA, the Snur guidance issued earlier this year was revoked. This guidance was released in the final weeks of Trump’s administration. According to the agency, it has “inappropriately narrowed the scope and weakened the prohibitions included in the Snur.”  

Most importantly, the rule is still in effect as only the guidance was revoked. The Significant New Use Rules (SNURs) says: 

• Companies must get the EPA approval before they can recommence the use of more than a dozen long-chain perfluoroalkyl carboxylate (LCPFAC) substances and perfluorooctanoic acid (PFOA). 

This rule also applies to imported articles containing compounds in a surface coating; this includes automotive parts, carpet, furniture, and electronic components. EPA also noted, during its announcement, that three PFAS have been added to the Toxics Release Inventory (TRI) in the early month of June. Also, the release of these chemicals will be reported by 1 July 2022 for 2021 calendar year data. The addition of these PFAS is made towards implementing the vitasl PFAS requirement of the NDAA. The NDAA, in line with the TRI Reporting Year 2021 directly added these three PFAS to the TRI list because they are subject to a SNUR under TSCA.  

Sources: United States Environmental Protection Agency 

Date: July 5, 2021